Me and my fiance are planning to acquire a 2 bedroom apartment in Malmesbury with a mortgage. We have a Malmesbury conveyancer, but the bank says she’s not on their "panel". It appears that we have little choice but to select one of the bank panel conveyancing practices or retain our Malmesbury lawyer as well as pay for one of their panel ones to represent them. We regard this is unjust; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Malmesbury conveyancing solicitor to apply to be on the conveyancing panel.
Last December we completed a house move in Malmesbury. We have noticed several problems with the house which we believe were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been carried out as part of conveyancing in Malmesbury?
The query is not clear as what problems have arisen and if they are unique to conveyancing in Malmesbury. Conveyancing searches and investigations undertaken during the legal transfer of property are supposed to help avoid problems. As part of the process, the vendor answers a document known as a SPIF. If the information ends up being misleading, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Malmesbury.
We note that you have a post code search directory identifying solicitors on the Virgin Money conveyancing panel. Do companies pay you a referral fee if I appoint them for our own conveyancing in Malmesbury?
We are a listing service only for law firms wishing to communicate if they are on the Virgin Money conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Malmesbury.
Is it necessary during the course of the conveyancing process to visit the offices of the solicitor to sign the legal charge? If so, I will instruct a firm who offer conveyancing in Malmesbury so that I can attend their offices if required.
As opposed to twenty years ago, most mortgage companies no longer oblige their conveyancing panel solicitor to witness the borrowers signature. It will still be necessary for you to hand over identification documents and there are still manifest benefits to instructing a local solicitor, in your situation a conveyancing solicitor in Malmesbury.
Taking into account that I am about to spend over three hundred thousand on a property in Malmesbury I would like to have a conversation with the lawyer concerning thetransaction ahead of appointing the firm. Is this something that you can arrange?
Absolutely - it is our preference to talk to you we do not take any clients on without you speaking to the conveyancer who will be carrying out your property ownership legalities in Malmesbury.There is no ‘factory style conveyancing’ - every client is an important person, not a file reference. The solicitors that we put you in touch with believe that the figure you are quoted for residential conveyancing in Malmesbury should be the figure that you are charged.
Can you offer any advice when it comes to finding a Malmesbury conveyancing practice to deal with our lease extension?
If you are instructing a conveyancer for lease extension works (regardless if they are a Malmesbury conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggest that you speak with several firms including non Malmesbury conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be useful:
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How familiar is the practice with lease extension legislation?
Leasehold Conveyancing in Malmesbury - A selection of Questions you should ask before Purchasing
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How much is the annual service fee and ground rent? Are any of leasehold owners in arrears of their service charge liability? Most Malmesbury leasehold properties will have a service charge for maintenance of the building levied on behalf of the landlord. Should you purchase the apartment you will have to pay this liability, normally in instalments throughout the year. This can differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge for you to pay annual, ordinarily this is not a significant figure, say about £50-£100 but you need to check it because on occasion it can be many hundreds of pounds.